University Sponsored H-1B Status
H-1B status, for temporary workers, is sponsored by the University of Florida to employ foreign nationals faculty, postdoctoral and some TEAMS positions that require a bachelor’s or higher level degree. The status is available to individuals who receive an offer of employment and have the credentials to qualify for the applicable professional positions. The International Center’s Faculty and Scholar Services section provides guidance to hiring departments/centers during the petition preparation process and the sponsorship period. On behalf of the University and the beneficiaries, the Faculty and Scholar Services office also maintains a repository of immigration related documents in compliance with federal regulations.
Legal Representation / Attorney Involvement
University policy does not permit private attorneys to submit immigration related petitions or applications on its behalf. University employees are not authorized to sign the Notice of Appearance as Attorney or Representative (Form G-28), which grants authority to an attorney to act on all aspects of immigration on behalf of the University and, are therefore prohibited from granting such permission. All applications and petitions associated with University sponsored non-immigrant immigration statuses must be submitted by the Faculty and Scholar Services office in the International Center. Due to increased responsibilities imposed on H-1B employers, which include penalties for noncompliance, the University has established strict policies regarding signature authority and filing procedures.
Characteristics of H-1B Status
- H-1B Cap exemption for universities and colleges (UF permitted to file petitions year-round)
- Offer of employment in specialty occupation that requires the incumbent to teach, lecture, conduct research or perform professional duties
- Limited to specified income from university. Note: USCIS permission required to change conditions (Ex: work location)
- Part-time employment is permitted (no minimum FTE established)
- Portability is permitted (transfer to new employer)
- Concurrent employment is permitted
- Dependents (H-4 status holders) may engage in full or part time study, but may not obtain employment
- Maximum period of stay is six years, however, requested validity periods are limited to three year periods, but shorter periods may be requested
- H-1B holders are eligible to enter the U.S. a maximum of 10 days prior to the approved start date of the employment period
- No grace period for remaining in the U.S. if an H-1B employee terminates or is terminated from employment before the expiration date of the status
- “No benching” rule that requires the employer to continue to pay the wage rate to the H-1B in non-productive status unless the non-productive status is due to resignation, extended illness, maternity leave, etc.
- Status provides beneficiary with dual intent: visitor w/intent to pursue permanent residence in the U.S. or intent to return to home country